2024: Gitlin on Divorce – Relocation Cases by District.
We provide a spreadsheet that summarizes Illinois case law by District. It breaks down those removal / relocation cases that allow relocation and do not allow relocation. The spreadsheet has been fully updated.
It analyzes the 10-plus factors that the trial court reviews in determining this critical issue. They are:
(1) the circumstances and reasons for the intended relocation;
(2) the reasons, if any, why a parent is objecting to the intended relocation;
(3) the history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;
(4) the educational opportunities for the child at the existing location and at the proposed new location;
(5) the presence or absence of extended family at the existing location and at the proposed new location;
(6) the anticipated impact of the relocation on the child;
(7) whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
(8) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;
(9) possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child; and
(10) minimization of the impairment to a parent-child relationship caused by a parent’s relocation.
After the spreadsheet, we review all of the post-Eckert caselaw by district and timeframe as to the numbers. We analyze the published decisions that are ultimately in favor of relocation and those against relocation—all broken down by 1) District, and 2) timeframe, and 3) the key factors applicable to each case.
Here you can see the logical development of our caselaw. We include a detailed analysis of the 2024 Tammie and Douglas Miller Third District decision (finding a de facto marriage), and the First District 2023 decisions in Edson and Larsen (finding no de facto marriage).
